Walker v. Dixie Frocks, Inc.
| Decision Date | 11 December 1937 |
| Docket Number | 33513. |
| Citation | 146 Kan. 812,73 P.2d 1009 |
| Parties | WALKER v. DIXIE FROCKS, Inc. |
| Court | Kansas Supreme Court |
Syllabus by the Court.
Statute providing that a woman required to work an excessive number of hours should be entitled to recover full amount of legal minimum wage, but setting no minimum wage, would not support action by saleswoman in mercantile establishment for overtime work at contract rate, since statute failed to provide rate of pay for overtime (Gen.St.1935, 44-649).
Where saleswoman in mercantile establishment, who was employed at fixed weekly wage, performed extra services of kind similar to those performed under contract, she was not entitled to extra compensation.
1. In an action by a woman employee of a mercantile establishment to recover compensation for time spent at work in excess of 54 hours a week under the provisions of G.S.1935, 44-649, the record is examined, and it is held that the statute does not provide any rate of pay for overtime, hence the plaintiff cannot recover.
2. Where an employee is employed at a fixed wage per week and performs extra services of a kind similar to those performed under the contract, the employee is not entitled to extra compensation besides that provided for in the contract following Sheets v. Eales, 135 Kan. 627, 11 P.2d 1020.
Appeal from District Court, Sedgwick County; Grover Pierpont, Judge.
Action by Mabel Walker against Dixie Frocks, Inc. (or Dixie Shops). From a judgment in favor of the defendant, the plaintiffs appeal.
Judgment affirmed.
Where saleswoman in mercantile establishment, who was employed at fixed weekly wage, performed extra services of kind similar to those performed under contract, she was not entitled to extra compensation.
L. R Meador and L. A. Hasty, both of Wichita, for appellants.
George Austin Brown and Leonard A. Levand, both of Wichita, for appellee.
This was an action for wages. Judgment was for defendant. Plaintiffs appeal.
Defendant is a company operating a ladies' ready-to-wear store in Wichita. Plaintiff was a saleslady employed by that company. Plaintiff worked from February 25, 1935, until April 4, 1936 for certain hours overtime; that is, in excess of 54 hours a week. Her salary during that time was $13.50 for a 50-hour week.
In her first cause of action she asked judgment for 1,957.34 hours overtime on a basis of a 50-hour week at the rate of $13.50 for a 50-hour week, or an aggregate of $528.53.
In her second cause of action she stated that she had left the employ of the defendant with wages due and owing her, that is, $528.53; that defendant had not paid her; and she therefore asked for judgment at the rate of $13.50 a week for the period from the time she left the employ of defendants until bringing suit.
The plaintiff proved the number of hours she worked overtime that is, in excess of 54 hours a week; that the commissioner of labor and industry of Kansas had ordered the maximum hours per week for a woman employee in a mercantile establishment should be 54 hours, and her contract salary. Upon this she rested her case.
At the close of the plaintiff's evidence the trial court sustained the defendant's demurrer to it because it did not prove the cause of action in favor of the plaintiff.
The plaintiff appeals from that order.
The plaintiff relies on G.S.1935, 44-649. That section is as follows: ...
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